The Mutual Confidentiality And Non Disclosure Agreement is essential for businesses and individuals operating in New Zealand who need to share sensitive information while maintaining its confidentiality. This document is commonly used during business negotiations, due diligence processes, joint ventures, or any situation where parties need to exchange confidential information. It provides reciprocal protection under New Zealand law, ensuring that both parties have equal obligations and rights regarding the handling of sensitive information. The agreement addresses requirements under key New Zealand legislation, including the Contract and Commercial Law Act 2017, Privacy Act 2020, and Fair Trading Act 1986, making it suitable for both domestic and international business relationships while maintaining compliance with local legal requirements.
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1. Parties: Identification of all parties entering into the agreement, including their legal names, addresses, and company details
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the business relationship
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Authorized Representatives', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Protection and Security: Specific measures required to protect confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival of Obligations: Obligations that continue after termination
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
13. Execution: Signature blocks and execution provisions
1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights when the confidential information includes IP
2. Non-Solicitation: Restrictions on soliciting employees or customers, used when parties have access to sensitive relationship information
3. Data Protection: Specific provisions for handling personal data under Privacy Act 2020, used when confidential information includes personal information
4. Export Control: Provisions for international transfer of information, used when parties are in different jurisdictions
5. Publicity: Restrictions on public announcements about the relationship, used in sensitive commercial contexts
6. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-risk or regulated industries
7. Audit Rights: Rights to audit compliance with the agreement, used in regulated industries or high-risk situations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Notice Requirements: Contact details and procedures for serving notices under the agreement
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